General Terms and Conditions of Sale
1.1 These General Terms and Conditions of Sale (hereinafter: “Condition”) shall apply to all sales contracts concluded between RaceChip Australia (hereinafter: “RaceChip”) and you as customer if you are a consumer.
1.2 Consumer as per the Australian Consumer Law definition of consumer.
2. Formation of contract
2.1 Sales contracts between you and RaceChip can be concluded via the RaceChip website shop, the online selling platforms eBay or by telephone.
2.2 Formation of contract via the RaceChip online shop
- The presentation of goods in the RaceChip online shop does not constitute a binding offer.
- When you place a purchase order by clicking the “Buy Now” button, you make a binding purchase offer. RaceChip will send you an automatic order confirmation by email in which the purchase order is documented once more. This automatic order confirmation merely confirms that your purchase order has been received by RaceChip; it does not constitute acceptance of your offer.
- The contract is only concluded when RaceChip confirms the dispatch of the goods by separate email or when the goods are actually dispatched.
- If the goods that you have ordered cannot be supplied, for example, because they are not on stock, RaceChip will not accept your offer. In this case, no contract will be concluded. RaceChip will so advise you without undue delay and refund any payment already received without undue delay.
2.3 Formation of contract via the online selling platform eBay
- RaceChip uses solely the “Buy It Now” format when offering goods on the online selling platform eBay. The placement of a product on eBay using the “Buy It Now” format constitutes a binding offer by RaceChip to enter into a sales contract.
- When you click the “Buy” button, a legally binding sales contract is concluded between you and RaceChip. RaceChip will additionally inform you of the formation of the contract by separate email.
2.4 Formation of contract by telephone (purchase process via secured PayPal only)
- A sales contract between you and RaceChip can also be concluded by telephone. In this case, you make the offer to enter into a sales contract. Upon acceptance of your offer by RaceChip, a legally binding sales contract is concluded between you and RaceChip.
3. Voluntary right to return the goods within 30 days after their receipt
3.1 RaceChip grants you the voluntary right to return the goods within a period of 30 days after the receipt of the goods. This right to return the goods allows you to cancel the contract by returning the goods to RaceChip within 30 days after the goods were received (the 30-day period commences on the day following the receipt of the goods). The deadline is met if the goods are dispatched before the aforesaid period expires. However, the voluntary right to return the goods can only be exercised if you have merely tested goods for approval and you return the goods completely and in their original state intact and undamaged in their original sales packaging. The cost of the return shipment of the goods is payable by Consumer.
3.2 The refund will be made to the account that you used for payment. If you paid with Paypal or by credit card, the refund will be made to the associated Paypal or credit card account. If payment was made via direct bank transfer, the Consumer needs to send banking details for the refund.
4. Retention of title, setoff and right of retention
4.1 The goods supplied shall remain the property of RaceChip until the purchase price has been paid in full.
5.1 RaceChip shall have the right to make partial deliveries to the extent that you can reasonably be expected to accept such.
5.2 The goods shall be shipped to the shipping address indicated by you. Unless otherwise agreed, the goods shall be dispatched within two working days of the conclusion of the contract and receipt of your payment.
6. Prices / shipping costs
6.1 The prices are valid at the time the order is placed. All prices are retail prices and include GST.
6.2 RaceChip shall advise you of the shipping costs that will be incurred before the contract is entered into.
7. Terms of payment; payment options
7.1 Unless otherwise agreed, the purchase price shall be due and payable immediately upon conclusion of the contract.
7.2 The following payment options are available to you:
- Paying with PayPal
You pay the amount invoiced using the online payment service PayPal. To do so, you must register, or have registered, with PayPal, enter your access data to gain authorization, and confirm the order to pay to RaceChip. The goods will be sent to you as soon as the amount invoiced has been credited to our bank account.
- Paying by Bank Transfer
Transfer the amount invoiced to the bank account of RaceChip which is indicated in the order confirmation. The goods will be sent to you as soon when the amount invoiced has been credited to our bank account.
- Paying by credit card
If you choose to pay by credit card, all transactions are completed using secure PayPal software.
In the event that the goods are returned, the amount invoiced will be refunded. The refund of the outstanding amount will be carried out within 14 days after the goods have been received by RaceChip.
8. Warranty and liability
8.1 RaceChip shall be liable for defects as provided under the Australian Consumer Law.
Please see details Product Warranty
9.1 If you change vehicles, you can normally have the products that you bought from RaceChip (RaceChip One, RaceChip Pro2 and RaceChip Ultimate and/or Response Control) reprogrammed for a fee.
9.2 As a matter of principal, RaceChip reserves the right to decline requests for reprogramming without stating a reason. Requests for reprogramming, if accepted, will be approved by RaceChip expressly in writing. An email shall be sufficient to comply with the requirement.
9.3 The date of purchase of the RaceChip must be proven by submitting the payment document to RaceChip.
9.4 If RaceChip agrees to carry out the reprogramming, the warranty rights set out in clause 8 above may only apply to the software or products (e.g. cables, if needed) that are newly purchased as part of the reprogramming.
9.5 The reprogramming shall not give rise to any further rights. In particular, no guarantee given for the product and/or the engine shall be extended as a result of the reprogramming. Furthermore, the limitation periods for the products already purchased by you shall not restart due to the reprogramming. In all other respects, your rights shall remain unaffected.
10. Warranty claims and manufacturer warranty
As per Australian Consumer Law the manufacturer may not void your warranty after the installation of RaceChip products even when a warranty claim is made. If the manufacturer wants to void your warranty, insist that it is put in writing. Once received, please contact the Australian Consumer Law.